Acceptable Use

This is our Acceptable Use Policy (AUP). If you have any questions, please contact us.

Background

From time to time Empowering Media may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies (AUPs) and are posted on the Internet at http://www.hostasite.com/signup/acceptableuse.html The AUPs are not exhaustive and Empowering Media reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to http://www.hostasite.com/signup/acceptableuse.html or notification of the modified AUPs. By registering for and using the services, and thereby accepting the terms and conditions of the Master Services Agreement or its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as Empowering Media deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM u EMPOWERING MEDIA. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS EMPOWERING MEDIA'S POLICY TO TERMINATE REPEAT INFRINGERS. EMPOWERING MEDIA RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

Password protection

The customer is responsible for protecting customer's password and for any authorized or unauthorized use made of customer's password. The customer will not use or permit anyone to use Empowering Media's services to guess passwords or to access other systems or networks without authorization. Empowering Media will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

System and network security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Empowering Media may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Empowering Media. Such labor is categorized as emergency security breach recovery and is currently charged at $195 USD per hour required. Enquiries regarding security matters may be directed to Support. Empowering Media is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Empowering Media urges its customers to assume that all of their online communications are insecure. Empowering Media cannot take responsibility for the security of information transmitted over Empowering Media's facilities.

Lawful purpose

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fradulent content.

Using any Empowering Media service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.

Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Empowering Media's services or products is prohibited. Using the Empowering Media's network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within Empowering Media's network are open to the public. You are solely responsible for your usage of the Empowering Media's network and servers and any statement you make on servers hosted within the Empowering Media network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

Commercial advertisements with e-mail

Empowering Media takes a zero tolerance approach to the sending of Unsolicited Commercial e-mail (UCE) or spam over our network. Very simply, this means that customers of Empowering Media may not use or permit others to use our network to transact in UCE. Customers of Empowering Media may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. e-mail is a person-to-person medium, not a broadcast medium.

Customers of Empowering Media are strictly prohibited from using or permitting others to use UCE or spam over our network. As our Customers are ultimately responsible for the actions of their clients over the Empowering Media network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

Violation of Empowering Media's spam policy will result in severe penalties. Upon notification of an alleged violation of our spam policy, Empowering Media will initiate an immediate investigation (within 48 hours of notification). During the investigation, Empowering Media may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our spam policy, Empowering Media may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Empowering Media reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Empowering Media will notify law enforcement officials if the violation is believed to be a criminal offense.

Violation of Empowering Media's spam policy may be reported to Abuse

Cancellation

The Customer must fax, E-mail or mail in a request for cancellation. You must expressly cancel the service; inactive but non-cancelled accounts will continue to be billed.

Empowering Media reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity. All fees paid in advance of cancellation will be prorated and paid by Empowering Media if Empowering media institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).

Indemnification

Empowering Media wishes to emphasize that in signing the Master Services Agreement or its equivalent, customer indemnifies Empowering Media for any violation of the Master Services Agreement or its equivalent, law or AUP that results in loss to Empowering Media or the bringing of any claim against Empowering Media by any third-party. This means that if Empowering Media is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Empowering Media, plus costs and reasonable attorney's fees.

Disclaimer of responsibility

Empwowering Media is under no duty to look at each customer's or user's activities to determine if a violation of the AUPs has occured, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. Empowering Media disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.

All virtual hosting, Sub-Networks, resellers and managed servers of Empowering Media must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.